頼珮珊 對 譚玉霞

頼珮珊 對 譚玉霞

The application for leave to appeal out of time was refused because the applicant delayed about two months beyond the statutory deadline without a credible or acceptable explanation (a broken phone did not excuse the delay given available alternatives and evidence of a replacement phone), and the proposed grounds of...

Source-derived case information.

Citation
[2025] HKDC 802
Parties
Plaintiff: LAI PUI SAN; Defendant: TAM YUK HA
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 May 2025
Case Number
DCCJ5951/2023
Procedural Posture
Civil (property Damage) – Regional Court / Application for Leave to Appeal Out of Time (written Application)
Outcome
Application for leave to appeal out of time refused; defendant's summons dismissed; costs awarded to plaintiff.
Legal Topics
Leave to Appeal, Default Judgment, Time Limits for Appeal, Assessment of Costs, Service of Proceedings
Source Language
ch
Civil Procedure Appeals Property Damage Costs Leave to Appeal Default Judgment Time Limits for Appeal Assessment of Costs +1 more

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Parties

LAI PUI SAN

Plaintiff

TAM YUK HA

Defendant

Procedural Posture

Civil (property Damage) – Regional Court / Application for Leave to Appeal Out of Time (written Application)

  1. 1 Whether to grant permission to appeal out of time
  2. 2 Whether the applicant's delay in seeking permission was reasonable
  3. 3 Whether the proposed appeal has a real prospect of success

Ratio Decidendi

The application for leave to appeal out of time was refused because the applicant delayed about two months beyond the statutory deadline without a credible or acceptable explanation (a broken phone did not excuse the delay given available alternatives and evidence of a replacement phone), and the proposed grounds of appeal lacked a real prospect of success (hiring a lawyer is a protected right, evidence indicated rent loss exceeded HK$75,000, and one ground was irrelevant to the costs order).

Court Disposition

Application for leave to appeal out of time refused; defendant's summons dismissed; costs awarded to plaintiff.

Orders

  • Application for permission to appeal out of time is refused
  • Defendant's summons is dismissed